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THE 



DEFENSIVE LEAGUE OF FREEDOM. 



In proposing to form a league for the protection 
and defence of persons claimed as fugitive slaves, and 
of persons accused of violating the Fugitive Slave 
Act of 1850, it is proper to state distinctly what is 
proposed to be done, and the necessity which exists 
for some such organization. Wliile the whole re- 
sources of the general government are at the service 
of the Slave Power, — while the slaveholder has the 
use of United States marshals, commissioners and sol- 
diers, of the State militia, of revenue cutters, and of 
the treasury of the United States to pay the expense 
of these agencies, — the colored man, claimed as a 
fugitive, must provide for his protection as he best 
can. Commonly poor, ignorant of the law, unexpect- 
edly arrested and with only a day or two to prepare 
his defence, he must depend upon the accidental aid,. 



I P^^ 






and voluntary unremunerated service, of whoever is 
willing to defend him. In like manner, if, from an 
impulse of humanity, or a sense of duty, a man re- 
ceive a fugitive slave into his house, give him food 
and lodging, and help him on his way, he is liable to 
be dragged before a United States judge and exposed 
to heavy expenses in addition to fines which may 
swallow up the whole of his property. If these were 
only possible cases, we should not need any new or- 
ganization ; but they have occurred, and are occurring ; 
and there is no existing organization which is able to 
meet the actual present necessity. We, therefore, pro- 
pose to organize a league, the distinct object of which 
shall be to secure the fullest legal protection to per- 
sons claimed as fugitive slaves, and to persons accused 
of violating the Fugitive Slave Bill ; and, also, to in- 
demnify such persons against costs, fines, and expenses, 
whenever they shall seem to deserve indemnification. 
The object of this Union, it will be seen, is legal, 
peaceable, and open. We do not propose to make any 
forcible resistance to the laws, nor to make a crusade 
into the slaveholding States for the purpose of freeing 
the slaves. Our organization will neither censure nor 
praise those who do these things, but such is not our 
object. Our distinct purpose is to see that no man is 



l)eaten down by tlie Slave Power, without an adequate 
defence ; that no man shall be crushed by the im- 
mense resources of the United States Government, 
without help from his fellow-citizens ; and that no 
man is ruined for such simple acts of humanity, as 
we should feel it our duty to do ourselves under his 
circumstances. A singularly cruel and stern law is 
now in operation thi'ough the United States, for the 
support of a tyrannical and evil institution. We do 
not think it rio'ht that men should be ruined for dis- 
obeying a law which commands them to do what (as 
they and we believe) God has forbidden. If we agree 
with them in their convictions, it is only right that 
we should take our share of the penalty. We would, 
moreover, by means of this union, present a broad 
front of moral resistance to the execution of this law, 
and so increase the great public opinion of fireedom 
that it shall le impossible to arrest a fugitive in this 
part of the Union. This league will act, meantime, as 
a society of mutual protection, and every member 
shall thereby assume his portion of such penalties as 
would otherwise fall with crushing weight on a few 
individuals- 

We will now proceed to show that such a Union 
is needed. 



The Fugitive Slave Act, approved Sept. 18, 1850, 
declares that any person who shall knowingly and 
wilfully obstruct, hinder, or prevent the arrest of a 
fugitive from slavery, or shall aid, abet, or assist such 
person, owing labor or service, to escape from such 
claimant, or shall harbor or conceal such fugitive, 
shall be subject to a fine not exceeding one thousand 
dollars, and imprisonment not exceeding six months, 
besides forfeiting, as civil damages, the sum of one 
thousand dollars for each fugitive lost. The law also 
commands all good citizens to aid and assist in arrest- 
ing such fugitives, to be taken back into slavery. 

Under this law and the previous law of 1793, 
many cases have occurred, from which we select the 
following as examples. 

In 1847, there resided in the town of Marshall, in 
Michigan, a colored family, consisting of Adam Cross- 
white, his wife, and five cliildren. He was sober, 
industrious, honest, — supporting himself and family 
by liis labor, — his wife a member of the mcthodist 
church, and his children attending the schools. Sud- 
denly, one morning, a party of Kentuckians appeared, 
claiming Mm and his family as slaves. A crowd as- 
sembled, at the news, the Kentuckians drew pistols, 
and were arrested for breach of the peace. Mean- 



while Crosswliite and his family escaped, and went to 
Canada. A suit was instituted, founded on the law 
of 1793, and brought in the Ciixuit Court of the 
United States, against some of the individuals in the 
crowd ; and, at a second trial, a verdict was obtained, 
amounting, with expenses and cost, to six thousand 
dollars, which three individuals were obliged to pay. 

In 1848, a family of thirteen slaves, escaping from 
Maryland to the North, took refuge in the barn of 
Daniel Kauffman, of Cumberland County, Pennsyl- 
vania. He gave them food and shelter, put them in 
his wagon, and helped them on their way. For this 
oifence he was prosecuted, and sentenced to pay a 
fine, amounting, with costs, to two thousand dollars. 
He appealed to the Supreme Court of the State, and 
the decision was reversed. Judge Coulter delivered 
the opinion of the Bench, and in the coui'se of his 
remarks used the following language : — 

" The true question in this aspect of the case ouglit 
to be and is, whether, in the State of Pennsylvania, a 
citizen who gives a cup of water and a morsel of 
bread to famishing women and children, and permits 
them to rest a few hours in his barn, when they are 
supplicants to his mercy, or even gives them a lift in 
his wagon, even if it should turn out that thev are 



fugitives from slavery to freedom, does by that offer 
of mercy and compassion break the . law, and make 
himself liable to their price in the mart where men, 
women, and children are bought and sold ? " 

After this a new suit was commenced before Judge 
Grier, in the United States Circuit Coiut. After 
several hearings, a verdict was obtained against Kauff- 
man, amounting, with cost and expenses, to more 
than four thousand dollars. A large part, if not the 
whole, of this sum was paid for Mr. Kauffman and 
his friends, by contributions. 

Thomas Garrett, of Wilmington, Delaware, after 
helping many slaves to escape, was indicted, convict- 
ed, and sentenced to pay a sum which consumed all 
his property. When the Marshal took from him this 
amount, he said, " I suppose this will teach you, Mr. 
Garrett, to be more careful hereafter." Mr. G.'s re- 
ply was, " You have now taken my last dollar, but if 
you hear of any fugitives from slavery, who need 
shelter, send them to me." 

Sherman M. Booth and John Rycroft, of Milwau- 
kee, Wisconsin, were lately convicted of aiding in the 
rescue of the fugitive Glover, and sentenced, by 
Judge Miller, of the United States Court, to pay fines 
of one thousand and two hundred dollars, together 



with imprisonment. The Milwaukee Marshal and 
Clerk of the Court selected the jury, in this case, in 
defiance of a law of Congress to the contrary, and 
Judge Miller told the jury, in his charge, that he 
alone Y/as judge of the lav,^ ; that the defendant was 
guilty, and that it was their duty to convict. Three 
of the jiu-ors, after agreeing to the verdict, adopted 
the following resolution : — 

" Resolved, That while we feel ourselves bound 
by a solemn oath to j)erform a most painful duty, in 
declaring the defendant guilty of the above charge, 
and thus making him liable to the penalties of a most 
cruel and odious law, yet at the same time, in so 
doing, we declare that he performed a most noble, 
benevolent, and humane act, and we thus record our 
condemnation of the Fugitive Slave Law, and earn- 
estly commend him to the clemency of the Court." 

The Supreme Court of the State of Wisconsin, has 
since nobly distinguished itself by discharging Booth 
and his companions from imprisonment. But they 
have been afterward prosecuted in a civil suit for 
damages before the same Judge Miller. 

In 1854, Rush R. Sloan, of Sandusky, Ohio, was 
prosecuted under the Fugitive Slave Law, and sen- 
tenced to pay nearly four thousand dollars by the U. S. 



8 



Courts for simply doing his duty as counsel for some 
persons claimed as fugitives, advising his clients that 
he could not ascertain that they were held by any 
legal process, and that, therefore, they were at liberty 
to go where they chose. 

And, in addition to all this, we have the trials in 
Mass., of Theodore Parker, and Wendell Phillips, for 
speaking in Faneuil Hall in behalf of liberty, at the 
time of the Burns rendition. With this case, we are 
all familiar. It will be seen from these facts, that 
there is a real necessity for such a union as we pro- 
pose. It is evident that the U. S. Courts, knowing 
how obnoxious is the Fugitive Slave Law, feel that it 
can be only enforced by a system of intimidation. By 
severe penalties inflicted on individuals, they hope to 
put down opposition to this law. If a man is to run 
the risk of being ruined who shelters the Fugitive, 
who aids him to escape from his pursuers, who does 
his duty as his legal counsel, or who publicly de- 
nounces the iniquity of slave-catching, it is supposed 
that the Slave Lav/ will be easily enforced. The 
great object, therefore, is to punish severely all who in 
any way oppose its execution. This is accomplished 
first, by large instructions to the Grand Jury of the 
TJ. S. Courts, making it a crime against the Statute to 



9 



say or do anything in consequence of which the fugi- 
tive escapes ; secondly, by putting such questions 
to the petit jury as shall exclude all those who do 
not believe that the safety of the Union depends on 
the rendition of fugitives ; and tliirdly, by directing 
them that they are not to judge of the law, but only 
of the fact. In this way, it is too easy to secure a 
verdict asrainst the defendant. All that we can do 
is to see that he shall have proper counsel, and if 
unjustly convicted, or convicted of doing justly, to 
take our share of the penalty, by contributing to the 
expenses which he has incurred. Such is the piu-pose 
of this league ; and it is one which we need not be 
ashamed to avow openly as legal, proper, and emi- 
nently necessary at the present time. 



CONSTITUTION 



ARTICLE I. 

The name of this Association shall be The Defensive 
League of Freedom. 

article ii. 
The object of this Association shall be, to secure to all 
persons claimed as fugitives from Slavery, and to all persons 
accused of violating the Fugitive Slave Bill, the fullest legal 
protection ; and also to indemnify all such persons against 
costs, fines, and expenses whenever they shall seem to de- 
serve such indemnification. 

ARTICLE III. 

All persons may become members of the League by signing 
the Constitution, and paying one dollar as entrance money, 
and also by subscribing such sum as he or she may choose, 
which subscription is liable to an assessment according as it 
is needed, but not to exceed five per cent, per annum, on the 
amount subscribed. 

ARTICLE IV. 

The oSicers of this Association shall consist of the Presi- 
dent, Vice President, Secretary, Treasurer, and Central 
Committee, to be chosen every year, at the Annual Meeting. 

ARTICLE V. 

The Central Committee shall consist of one member from 
every County in the State, to whom shall be added the 



12 



President, Vice Presidect, Secretary, and Treasurer, and five 
other members chosen at large. 

ARTICLE VI. 

The duty of the Central Committee shall be to obtain 
subscribers to the League through the State ; to collect and 
distribute the funds ; to call meetings, and generally to con- 
duct and control the affairs of the Association, Five shall 
constitute a business quorum. 

ARTICLE YII. 

This Constitution can be changed at any meeting of the 
League, called for that purpose by the Central Committee, 
due notice bciog given. 



Note. — Persons receiving this pamplilet, Tvho may wish, to be- 
come members of the League, are requested to send their names 
to any of the following persons, mentioning the amount they 
choose to subscribe in addition to the entrance fee of one dollar. 
It will be seen that only five per cent, per annum of this sub- 
scription can be called for. Thus any person willing to pay five 
dollars a year Avhen needed, will subscribe one hundred dollars ; 
if he is wilfing to pay ten dollars a year, he will subscribe two 
hundred dollars. If no case* shall arise during the year calling for 
aid, then no assessment will be levied on subscriptions. As soon 
as names are received, a meeting of the League 

will be called for organization, and the officers for the year will be 
chosen. 

Ellis Gray Loring, Henry J. Prextiss, 

No. 27 State Street. No. 19 Water Street. 

James Freeman Clarke, John A. Andrew, 

Roxbury, Mass. \o ' ""ourt Street- 

Samuel Cabot, Jr. Samuel «. Howe, 

No. 17 Winter Street. No 2; Bromfield Street. 



54 i 



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